TALLULAH SPORT Our Terms & Conditions informs the client of how we supply any of our products listed on our various online catalogues: https://tallulahsport.com/, Facebook, Instagram, WhatsApp & TikTok. Also includes orders made over the telephone, email, letter or through direct sales in our showrooms, exhibitions or events. Please read these Terms and Conditions carefully before placing an order with us. You should understand that by ordering any of our Products, you agree to be bound to these Terms and Conditions. 1. ORDERING 1.1 These Terms and Conditions apply to all products supplied by TS. TS products include all products in our Gym-Wear range. Our Gym-Wear products and/or Services shall henceforth be referred to as ‘Products’ in these Terms and Conditions where the context is required. 1.2 Our procedure for provision of Products and/or Services by TS is set out on our online store (https://tallulahsport.com/) or as explained by an authorised TS representative. 1.3 Product orders can be placed via our various online shops: https://tallulahsport.com/, Facebook, Instagram, WhatsApp and TikTok. Also includes orders made over the telephone, email, letter or through direct sales in our showrooms, exhibitions or events. Any order placed for Products are subject to these Terms and Conditions. 2. BASIS OF PURCHASE 2.1 By placing an order through our online catalogue, or via the other methods set out at Clause 1.3 (above), you warrant that you are legally capable of entering into binding contracts and that you are over the minimum age of 18 years old. All orders are subject to acceptance by us. 2.2 Once the Products are ordered, you will: * receive an invoice detailing your order and your order total to the address supplied by the client. * for all other orders, an acknowledgment of your order is only provided upon request by you, otherwise the order is fulfilled in accordance with these Terms & Conditions. 2.3 Delivery dates for Products are estimated and we will use all reasonable endeavours to deliver the Products to you by the estimated delivery date provided to you by us in accordance with the following: * for Bespoke Products and/or Services, we will deliver at the agreed date in our confirmation of your order. * for Practice-Wear we will dispatch as soon as we receive confirmation of order (payment). If we delay beyond our anticipated dispatch time (eg, we are out of stock), we will endeavour to contact you as soon as possible to advise you of an expected delivery date, or agree alternative options with you. 2.4 No variation to the order or these Terms and Conditions shall be binding unless agreed in writing by either Amber Hamilton (Founder) or Sidney Chong (Operations Manager). 3. ORDERS AND SPECIFICATIONS 3.1 Orders are only deemed to be accepted by TALLULAH SPORT when formal acceptance has been issued, such formal acceptance being either in the form of a written Order Confirmation, or in the form of Products being despatched. The contract between us will only be formed when we accept your order and will only relate to those Products whose order we have accepted. 3.2 TALLULAH SPORT shall not be liable in respect of any alleged defect in the Products as a result of any specification made by you against the advice of TALLULAH SPORT. 4. PRICES & PAYMENT 4.1 The price of the Products will be quoted on our online store, through face-to-face meetings with a member of TS Staff or on the Products themselves at our showroom or at exhibitions or events. Alternatively, if there are additional costs in relation to the design and creation element of TS then such costs will be confirmed to you prior to an order for the Products being placed with us, or at such time as any additional alterations are requested by you. The price shall be confirmed to you at the time we confirm your order and the contract between us comes into existence. TS reserves the right to make any changes to the prices as necessary without notice, however such changes will be made and notified to you prior to the contract between us coming into existence. In particular, TS reserves the rights to charge the correct price for Products if an incorrect price has erroneously been published in any marketing material including printed material, electronic media, and all other forms of communication. 4.2 All prices include VAT but exclude despatch charges. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required. 4.3 Payment to TS is required in advance of delivery unless specific credit arrangements are agreed in writing. Payment must be made in advance for Products, or on terms individually agreed to us in writing. In the event that payment is not made on the due date TS reserves the right to: * withhold delivery of any further Products; * require advanced payment on all Products; and 4.4 When you return any Products to us we will process the refund due to you as soon as possible, and in any case within fourteen (14) days of the day you have given notice of your cancellation. In this case we will refund the price of the Product in full, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us. * for any other reason (for example, a Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day we confirmed to you that you were entitled to a refund for the defective Product. 4.5 TALLULAH SPORT accepts payment in Pounds Sterling (GB£). Payments can be made by cash or online bank transfer. By arrangement, invoices can be raised and payment made instead in EUROS (EUR) 5. CONSUMER CANCELLATION RIGHTS 5.1 You may cancel a contract with us at any time within fourteen (14) working days – beginning on the day after you receive the Products. 5.2 If you are entitled to cancel your contract with us in accordance with Clause 5.1, you will receive a refund of any price paid for the Products in accordance with our refunds policy. No refunds shall be made to a customer after the seven (7) working day period. 5.3 To cancel a contract in accordance with Clause 5.1, you must inform us in writing. You must also return the Product(s) to us within 14 days of your notification to cancel the contract, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. 6. DELIVERY 6.1 Delivery of the Products shall be made by TALLULAH SPORT to you, either by posting the Products to you, by courier or other suitable method of transport, or by collection of the Products from our showroom, as notified to you by us. 6.2 Any dates quoted for delivery of the Products are approximate only and TALLULAH SPORT shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by TALLULAH SPORT in writing. 6.3 Any charges relating to import tax, duty or Customs clearance of Products into a country designated by you shall be paid for and arranged by you. TALLULAH SPORT reserves the right to not deliver Products to a specific country designated by you. 6.4 If delivery of an order is rejected by you for any reason whatsoever TALLULAH SPORT reserves the right to reject a full refund as there may be other charges incurred for return of the Product. 6.5 TALLULAH SPORT must be notified of any shipments which may have been tampered with or of any Products missing from deliveries within 48 hours of receipt of such deliveries. Until the matter is resolved you must keep all packaging and documentation relating to such shipments. 7. RISK AND PROPERTY 7.1 The risk of the Products sold will pass to you upon delivery. 7.2 Notwithstanding delivery and passing of risk in the Products or any other provision of these conditions, the property and ownership in the Products shall not pass to you until TALLULAH SPORT has received in cash or cleared funds payment in full of the price of the Products and all other products agreed to be sold by TALLULAH SPORT to you for which payment is then due. 8. WARRANTIES AND LIABILITIES TS Products are not toys and are not suitable to be used for playing with by children. The Products should be kept away from children to avoid any misuse or damage. 8.1 Subject to the terms and conditions set out below, TALLULAH SPORT warrants that the Products will correspond with their description in the TALLULAH SPORT online website and/or through social media. 8.2 The warranty at Clause 8.1 above is given by TALLULAH SPORT subject to the following conditions: * TALLULAH SPORT shall be under no liability in respect of any defect arising from fair wear and tear, your wilful damage, your negligence, abnormal working conditions, failure to follow TALLULAH SPORT instructions (whether oral or in writing) misuse or alteration or repair of the Products. * TALLULAH SPORT shall be under no liability as to the quality of the Products beyond the occasion of their first use. * No warranty is given by TALLULAH SPORT in respect of fitness for the purpose intended by you. It is your responsibility to ensure that Products are suitable for your own purpose. * Any claim by you which is based on a defect in quality or condition of the Products or their failure to correspond with any applicable specification, or description shall be notified to TALLULAH SPORT within 14 days of the purchase, posting or delivery of the Products, whichever is the later. In the event that a fault is accepted by TALLULAH SPORT, the Products will be replaced free of charge by return post subject to availability provided the Products have been returned reasonably packed to us within 14 days of the purchase, posting or delivery of the Products, whichever is the later. Where the Products are sold to a consumer, your statutory rights are not affected by these Terms and Conditions. 8.3 Nothing in these Terms and Conditions excludes or limits our liability for: * death or personal injury caused by our negligence; * matters under section 2(3) of the Consumer Protection Act 1967; * fraud or fraudulent misrepresentation; or * any matter for which is would be illegal for us to exclude, or attempt to exclude, our liability. 8.4 We are not responsible for indirect or consequential losses, liabilities, claims, cost, damages and expenses which happen in connection with a breach by us, or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract of otherwise, even if foreseeable. 8.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited to, strikes, lock-outs, riots, civil commotion, acts of terrorism, war, fire, explosions, storms, floods, earthquakes, impossibility of the use of railways, shipping, aircraft, motor transports or other means of public or private transport, or acts of God. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. 9. GENERAL 9.1 The contract between us and you is personal between you and us. You may not transfer, assign, charge or otherwise dispose of this contract or any of your rights or obligations under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any or our rights or obligations arising under it, at any time during the term of the contract. 9.2 If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions and will continue to be valid to the fullest extent permitted by law. 9.3 The parties do not intend that any of these terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. 9.4 In these terms and conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced. 9.5 These Terms and Conditions and any document referred to in them represent the entire agreement between us and in relation to the subject matter of any contract between us for the sale of Products. 9.6 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that you order the Products from us, unless any change to our policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously place by you), or if we notify you of the change to our policies or these Terms and Conditions before we send you any relevant order confirmation. 10. IN ACCORDANCE WITH UNITED KINGDOM LAW 10.1 The formation, existence, construction, performance, validity and all aspects of these terms and conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.